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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF. Any person appointed or empowered in accordance with KRS Chapters 227, 75, 95 or 67C.105 to carry out the expressed or implied statutory authority granted under the specific chapter for which their authority is derived within their fire department or fire district.
CODE OFFICIAL. The official who is charged with the administration and enforcement of the Property Maintenance Code established by Chapter 156 of the Louisville/Jefferson County Metro Government Code of Ordinances, or any duly authorized representative.
DWELLING. Any building which contains one or more dwelling units or any rooming units, rooms, or area designated or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include single-family dwellings, duplexes, rooming houses, hotels, motels, tourist homes, school dormitories, apartment and/or condominium buildings.
DWELLING UNIT. Any group of rooms located within a building and forming a single housekeeping unit with facilities, which are used or designed to be used for living, sleeping, cooking, or eating.
OWNER. Any person who alone, jointly, or severally with others:
(1) Shall have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or
(2) Shall have charge, care, or control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate, or duly authorized agent of the owner. Any such person thus representing the actual owner shall be bound to comply with the owner's obligations under this section.
ROOMING UNIT. Any room, which is designed or used for sleeping purposes. This term may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory, or an apartment building, which may or may not have some additional facilities for eating or cooking contained therein.
(B) Smoke alarms required; type and placement.
(1) In all dwelling units, smoke alarms powered by a hard wire AC primary power source or a self-monitored, non-removal ten-year lithium battery shall be installed and maintained after the effective date of this section.
(2) In order to comply with this section, only ionization or photoelectric type alarms listed by a nationally recognized testing laboratory shall be installed.
(3) Smoke alarms shall be installed in accordance with applicable NFPA Standards and the manufacturer’s recommendations. Alarms may be ceiling or wall mounted, provided that they meet requirements as referenced in NFPA 72.
(4) In a dwelling unit, which contains a well-defined sleeping room separated from the other activity areas of the same unit, the alarm shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated and/or where a single smoke alarm will not adequately service all sleeping areas, there shall be a smoke alarm installed adjacent to each sleeping area. In a rooming unit the alarm shall be centrally located.
(5) In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke alarms in each dwelling unit or rooming unit, alarms shall be placed in centrally located common areas so that smoke alarms will adequately service all sleeping areas.
(C) Installation and maintenance.
(1) The owner of a dwelling shall be responsible for supplying and installing in an operable condition, the required alarms and for providing the manufacturer’s maintenance and testing instructions to the tenant.
(2) The owner of a dwelling shall be responsible for maintenance and testing of alarms, in accordance with manufacturer’s instructions, which are located in common areas and/or alarms in rooming units where the tenant usually has periods of occupancy, (less than 30 continuous days, such as, hotels, motels, tourist homes).
(3) The tenant shall be responsible for maintaining and testing the alarms, in accordance with the manufacturer’ instructions, which are within his or her exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner in writing when alarms become inoperable, and the owner shall have ten days after receipt of such written notice in which to replace or repair the alarms in an operable condition.
(4) At every change of tenancy in all multi-family residential units and dormitories, it shall be the duty of the owner to test and ascertain that those alarms contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition.
(5) In all hotels, motels, rooming houses or tourist homes it shall be the duty of the owner to test such alarms on a regular basis in accordance with manufacturer’s instructions, and the owner shall be responsible for maintaining such units in an operable condition. A log of smoke alarm inspections and findings shall be maintained by the owner, and shall be made available to fire inspectors upon request.
(6) It shall be the responsibility of the property owner to install at least smoke alarms powered by a hardwire AC primary power source or a self-monitored, non-removal ten year lithium battery before transfer of the property to a new party. A signed affidavit of the property owner, given to purchaser, seller, and real estate agent before transfer will suffice in meeting this requirement.
(D) Enforcement.
(1) The Chief of the Fire Department, Fire District, or Code Official or any of their designated representatives, are hereby authorized and directed to enforce all provisions of this section and the final determination concerning compliance herewith shall be the sole discretion of the Authority Having Jurisdiction (AHJ), as described in 815 KAR 10:060, of the Fire Department, or the Fire District, or Code Official. Upon the presentation of official credentials, an authorized inspector of the Fire Department, Fire District or Code Official, may enter with consent any premises covered by these regulations to perform the duties imposed upon him or her by these regulations.
(2) The source of authority to issue orders as described in subsection (A) shall include, but not be limited to, any authority granted under KRS Ch. 227 and 815 KAR 10:060.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 69-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)
ADMINISTRATION AND ENFORCEMENT
(A) General. The Department of Property Maintenance Inspection is hereby created and the executive official in charge thereof shall be known as the Code Official.
(B) Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction; and the Code Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
(C) Deputies. In accordance with the prescribed procedure of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a Deputy Code Official, other related technical offices, inspectors and other employees.
(D) Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is that of a member of the Code Enforcement Board, as set forth in § 32.278, as the case may be, shall not be engaged in, or directly connected with, the furnishing of labor, materials or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)
(A) General. The Code Official shall enforce the provisions of this chapter.
(B) Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
(C) Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(D) Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
(E) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
(F) Citations, notices and orders. The Code Official shall issue all necessary citations, notices or orders to ensure compliance with this chapter.
(G) Department records. An official record shall be kept of all business and activities of the department specified in the provisions of this chapter; and all such records shall be open to public inspection in accordance with the Kentucky Open Records Act, and under reasonable regulations established by the Code Official to maintain the integrity and security of such records.
(H) Coordination of inspections. Whenever in the enforcement of this chapter or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Official involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
(A) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this chapter impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(B) Alternative materials, methods and equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(C) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(D) Test methods. Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures.
(1) All tests shall be performed by an approved agency.
(2) Reports of tests shall be retained by the Code Official for the period required for retention of public records.
(E) Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
(A) (1) Citation or notice to owner or to person or persons responsible. Whenever the Code Official, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of this code, the Code Official is authorized to issue a citation or notice of violation to the offender in accordance and as prescribed by § 32.283.
(2) Notice regarding care of dilapidated abandoned property.
(a) The Director shall have a notice to be mailed at least annually to the last known address of the owner of each dilapidated abandoned property, or shall publish a notice in a newspaper of general circulation, advising owners, operators, and persons in possession or control of dilapidated abandoned property, of the requirements of this chapter regarding the care of property.
(b) The notice shall describe each of the nuisances described in Chapter 156 and shall state one or more of the following may occur beginning 30 days of the notice is mailed or published:
1. Failure to remove or otherwise abate any nuisances will result in the Department or its designee without further notice may take any action necessary to abate the nuisance within the first anniversary of the date of the notice and that the owner will be billed for all costs of the abatement.
2. Additional civil or criminal legal actions may be filed by the Department against the owner or owners to enforce nuisance violations, without additional notice.
(c) The notice issued pursuant to this section may be appealed to the Code Enforcement Board.
(B) Violation penalties. Penalties for noncompliance with citations, orders and notices shall be as set forth in § 156.999.
(C) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish the grantee, transferee, or mortgagee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, or mortgagee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. In lieu of the above, the owner/seller, prior to sale, transfer, mortgage, contract for deed or other disposal of the affected property, may post a bond with the Metro Government for an amount of 150% of the costs to abate all known violations. (The "costs of repair” shall be agreed upon by the Code Official and the owner/seller, prior to the posting of the bond.) Upon abatement of all violations, the bond will be released.
(D) Identification of responsible local agent. There shall be a current notice posted at the on-site management office or in conspicuous places on site (available to all tenants) within ten feet of entrance to structure providing the name, address and telephone number of a 24 hours/7 days a week maintenance and emergency repair service company, the owner must supply the lessee in writing the name, address, and phone number of an individual that is responsible for the maintenance of the property in accordance with the code. The owner must keep the lessee informed of any change of this information to insure it is always current.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 76-2014, approved 5-23-2014; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)
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